ORS Chapter 651 - Oregon Statutes

TITLE 51

LABOR ANDEMPLOYMENT; UNLAWFUL DISCRIMINATION

 

Chapter     651.     Bureauof Labor and Industries

                  652.     Hours;Wages; Wage Claims; Records

                  653.     MinimumWages; Employment Conditions; Minors

                  654.     OccupationalSafety and Health

                  655.     Benefitsfor Injured Trainees and Inmates

                  656.     Workers’Compensation

                  657.     UnemploymentInsurance

                  657A.  ChildCare

                  658.     EmploymentAgencies; Farm Labor Contractors; Farmworker Camps

                  659.     MiscellaneousProhibitions Relating to Employment and Discrimination

                  659A.  UnlawfulDiscrimination in Employment, Public Accommodations and Real PropertyTransactions; Administrative and Civil Enforcement

                  660.     Apprenticeshipand Training; Workforce Development

                  661.     OrganizedLabor; Union Labels

                  662.     LaborDisputes

                  663.     LaborRelations Generally

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Chapter 651 — Bureauof Labor and Industries

 

2009 EDITION

 

 

BUREAUOF LABOR AND INDUSTRIES

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

GENERALPROVISIONS

 

651.010     Definitions

 

BUREAUOF LABOR AND INDUSTRIES; COMMISSIONER

 

651.020     Bureauof Labor and Industries

 

651.030     Commissioner;election; term; qualifications

 

651.040     Bondof commissioner

 

651.050     Dutiesof commissioner

 

651.060     Powerto conduct investigations and issue subpoenas; enforcement; witness fees;staff; delegation; rules; public information programs; fees

 

ADMINISTRATIONOF LABOR LAWS GENERALLY; FUNDS AND EXPENDITURES

 

651.110     Assistanceand cooperation in enforcement of Fair Labor Standards Act of 1938

 

651.120     Entryand examination of workplaces

 

651.160     Bureauof Labor and Industries Account

 

651.170     Paymentof expenses

 

651.185     PrevailingWage Education and Enforcement Account

 

PENALTIES

 

651.990     Penalties

 

GENERALPROVISIONS

 

      651.010Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Bureau” means the Bureau of Labor and Industries.

      (2)“Commissioner” means the Commissioner of the Bureau of Labor and Industries. [Amendedby 1979 c.659 §1; 1987 c.158 §123]

 

BUREAUOF LABOR AND INDUSTRIES; COMMISSIONER

 

      651.020Bureau of Labor and Industries. The Bureau of Labor and Industrieshereby is established as a separate department of this state. [Amended by 1979c.659 §2]

 

      651.030Commissioner; election; term; qualifications. (1) The Bureau of Labor andIndustries shall be under the control of the Commissioner of the Bureau ofLabor and Industries which office hereby is created.

      (2)The Commissioner of the Bureau of Labor and Industries shall be elected for aterm of four years.

      (3)The Commissioner of the Bureau of Labor and Industries shall be a citizen ofthis state who has been a resident of this state for over five years. [Amendedby 1979 c.659 §3; 1995 c.107 §3]

 

      Note: Section 22a,chapter 511, Oregon Laws 2009, provides:

      Sec.22a.Notwithstanding section 22 of this 2009 Act [249.215] and ORS 651.030, the termof office of the Commissioner of the Bureau of Labor and Industries elected atthe general election held on the first Tuesday after the first Monday inNovember 2012 shall be two years. [2009 c.511 §22a]

 

      651.040Bond of commissioner.(1) The Commissioner of the Bureau of Labor and Industries shall, beforeentering upon the duties of the office of the commissioner, execute a bond tothe state in the sum of $5,000, conditioned upon the faithful, honest andimpartial performance of the duties under ORS 651.030, 651.050, 651.060,651.120, 651.160 and 651.170 and upon the prompt and faithful accounting forall fees of any nature collected by the commissioner or by designatedassistants or deputies.

      (2)The bond shall be approved by the Attorney General regarding its legal form andbe filed in the office of the Secretary of State.

      (3)The premium on the bond shall be payable from any fund under the control andadministration of the commissioner or of the Bureau of Labor and Industries orfrom any appropriation made for the purpose of defraying the expenses of thecommissioner or of the Bureau of Labor and Industries. [Amended by 1979 c.225 §1]

 

      651.050Duties of commissioner. The Commissioner of the Bureau of Labor andIndustries shall cause to be enforced:

      (1)All laws regulating the employment of adults and minors.

      (2)All laws established for the protection of the health, lives and limbs ofpersons employed in workshops, factories, mills and other places.

      (3)All laws enacted for the protection of employees.

      (4)Laws which declare it to be a misdemeanor on the part of employers to requireas a condition of employment the surrender of any rights of citizenship.

      (5)Laws regulating and prescribing the qualifications of persons in apprenticeabletrades and crafts, and similar laws. [Amended by 1959 c.406 §31; 1979 c.225 §2;1981 c.851 §1; 1987 c.414 §90; 1995 c.386 §3]

 

      651.060Power to conduct investigations and issue subpoenas; enforcement; witness fees;staff; delegation; rules; public information programs; fees. (1) TheCommissioner of the Bureau of Labor and Industries may conduct investigations,issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidenceand take testimony in all matters relating to the duties required under ORS279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170 and ORS chapters652, 653, 658 and 659A and in all contested cases scheduled for hearing by theBureau of Labor and Industries pursuant to ORS chapter 183 when the informationsought is relevant to a lawful investigative purpose and is reasonable inscope. The testimony shall be taken in some suitable place in the vicinity towhich testimony is applicable. The commissioner shall adopt rules for gatheringinformation through subpoenas or testimony. The rules must include proceduresthrough which a party may object to providing information. After being servedwith a subpoena, if a person refuses, without reasonable cause, to be examined,to answer any question or to produce any document or other thing as required bythe subpoena, the commissioner may petition the circuit court in the county inwhich the investigation is pending for an order directing the person to showcause why the person has not complied with the subpoena and should not be heldin contempt. The commissioner shall serve the court’s order upon the person inthe manner provided by ORCP 55 D. If the person fails to show cause for thenoncompliance, the court shall order the person to comply with the subpoenawithin such time as the court shall direct and may hold the person in contempt.

      (2)Witnesses subpoenaed and testifying before any officer of the bureau shall bepaid the fees and mileage provided for witnesses in ORS 44.415 (2). The paymentshall be made from the fund appropriated for the use of the bureau and in themanner provided in ORS 651.170 for the payment of other expenses of the bureau.

      (3)The commissioner shall employ a deputy commissioner and such other assistantsor personnel as may be necessary to carry into effect the powers and duties ofthe commissioner or of the bureau and may prescribe the duties andresponsibilities of the employees. The commissioner may delegate any of thepowers of the commissioner or of the bureau to the deputy commissioner and tothe other assistants employed under this subsection for the purpose oftransacting the business of the commissioner’s office or of the bureau. In theabsence of the commissioner, the deputy commissioner and the other assistantswhom the commissioner employs have full authority, under the commissioner’sdirection, to do and perform any duty that the law requires the commissioner toperform. However, the commissioner is responsible for all acts of the deputycommissioner and of the assistants employed under this subsection.

      (4)The commissioner may adopt such reasonable rules as may be necessary toadminister and enforce any statutes over which the commissioner or the bureauhas jurisdiction.

      (5)The commissioner may conduct and charge and collect fees for public informationprograms pertaining to any of the statutes over which the commissioner or thebureau has jurisdiction. [Amended by 1959 c.627 §8; 1963 c.258 §1; 1971 c.734 §29;1975 c.282 §1; 1979 c.225 §3; 1981 c.851 §2; 1983 c.636 §1; 1989 c.980 §17;1997 c.240 §1; 2003 c.794 §305; 2005 c.22 §§454,455; 2007 c.277 §1]

 

ADMINISTRATIONOF LABOR LAWS GENERALLY; FUNDS AND EXPENDITURES

 

      651.110Assistance and cooperation in enforcement of Fair Labor Standards Act of 1938. The Bureau ofLabor and Industries may assist and cooperate with the United States Departmentof Labor in the enforcement within this state of the Fair Labor Standards Actof 1938. Subject to the regulations of the United States Department of Laborand the laws of this state applicable to the receipt and expenditure of moneys,the bureau may be reimbursed by the United States Department of Labor for thereasonable cost of such assistance and cooperation. Records of the bureauacquired under this section shall be kept in confidence to the same extent therecords of the United States Department of Labor are confidential, except thatthe records shall at all times be available to the proper agencies of theUnited States Government. [Amended by 2005 c.22 §456]

 

      651.115 [1963 c.291 §1;1967 c.56 §1; repealed by 1969 c.597 §281]

 

      651.120Entry and examination of workplaces. (1) The Commissioner of the Bureau ofLabor and Industries may:

      (a)Enter any factory, mill, office, workshop, or public or private works, at anyreasonable time, for the purpose of gathering facts such as are contemplated byORS 279C.850, 652.330, 653.045, 653.540 and 659A.835.

      (b)Examine into the methods of protection from danger to employees, and thesanitary conditions in and around such buildings and places, and make a recordthereof.

      (2)No owner or occupant, or the respective agent, of any factory, mill, office, orworkshop, or public or private works, shall refuse to allow an inspector oremployee of the Bureau of Labor and Industries to enter. [Amended by 1979 c.225§4; 2001 c.621 §86; 2003 c.794 §306]

 

      651.130 [Repealed by1979 c.225 §5]

 

      651.140 [Amended by1959 c.627 §9; repealed by 1975 c.605 §33]

 

      651.150 [Repealed by1971 c.508 §4]

 

      651.160Bureau of Labor and Industries Account. (1) There hereby is established in theGeneral Fund in the State Treasury an account to be known as the Bureau ofLabor and Industries Account. Except as otherwise provided by law, all fees ofwhatever kind, and moneys received or collected by the Bureau of Labor and Industriesand the Wage and Hour Commission, from every source, and paid into the StateTreasury pursuant to law shall be credited to the Bureau of Labor andIndustries Account. Except as otherwise provided by law, all moneys in theBureau of Labor and Industries Account hereby are appropriated continuously forthe payment of the salaries and all other expenses of the Bureau of Labor andIndustries and the Wage and Hour Commission. All fees collected pursuant to ORS651.060 (5) are appropriated continuously for the payment of expenses of publicinformation programs conducted pursuant to ORS 651.060 (5).

      (2)The Commissioner of the Bureau of Labor and Industries shall keep a record ofall moneys deposited in the Bureau of Labor and Industries Account. The record shallindicate by separate cumulative accounts the source from which the moneys arederived and the individual activity or program against which each withdrawal ischarged. [Amended by 1957 c.465 §1; 1979 c.659 §4; 1983 c.636 §2]

 

      651.170Payment of expenses.The Commissioner of the Bureau of Labor and Industries may incur such expenseand employ such clerical aids as may be necessary to carry out ORS 651.030,651.050, 651.060 and 651.120. The Oregon Department of Administrative Servicesmay draw warrants on the State Treasurer for the payment of such expense uponproperly verified vouchers approved by the commissioner. However, such expenseshall not exceed at any time the amount appropriated therefor. [Amended by 1959c.627 §10; 1983 c.740 §239; 2003 c.794 §307; 2009 c.161 §5]

 

      651.180 [Amended by1955 c.138 §3; 1957 c.465 §5; 1959 c.406 §32; renumbered 460.070]

 

      651.185Prevailing Wage Education and Enforcement Account. The PrevailingWage Education and Enforcement Account is created in the General Fund of theState Treasury. All moneys in the account are appropriated continuously to theCommissioner of the Bureau of Labor and Industries to:

      (1)Administer and provide investigations under and enforce the provisions of ORS279C.800 to 279C.870;

      (2)Provide educational programs on public contracting and purchasing law under ORS279.835 to 279.855 and ORS chapters 279A, 279B and 279C; and

      (3)Conduct surveys to determine prevailing wages. [1995 c.594 §7; 1999 c.152 §2;2003 c.794 §308]

 

      651.210 [Repealed by1959 c.406 §34]

 

      651.220 [Repealed by1959 c.406 §34]

 

      651.230 [Repealed by1959 c.406 §34]

 

PENALTIES

 

      651.990Penalties.(1) Willful neglect or refusal by any person subpoenaed under ORS 651.060 toattend or testify at the time and place named in the subpoena is punishable,upon conviction, by a fine of not less than $25 nor more than $100, or byimprisonment in the county jail not exceeding 30 days.

      (2)Violation of ORS 651.120 (2) is punishable, upon conviction, by a fine of notless than $25 nor more than $100, or by imprisonment in the county jail notexceeding 90 days. [Amended by 1983 c.740 §240]

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